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Digitized by the Internet Archive 
in 2011 with funding from 
The Library of Congress 



http://www.archive.org/details/fishlawsofstateoOOoreg 



THE 



FISH LAWS 



STATE OF OREGON 



COMPILED A1STD PUBLISHED 



SECRETARY OF STATE 



BY AUTHORITY OF S. J. E. NO. 14. 



TWENTY-FIRST LEGISLATIVE ASSEMBLY 



1901 




LIBRARY OF C0NGR$8, 

RECEIVED 

DIVISION OF DOCUME 



SALEM, OREGON 

W. H. LEEDS, STATE PRINTER 

1901 , 






THE 



FISH LAWS 



STATE OF OREGON 



COMPILED AND PUBLISHED 



SECRETARY OF STATE 



BY AUTHOBITY OF S. J. R. NO. 14. 



TWENTY-FIRST LEGISLATIVE ASSEMBLY 



1901 




SALEM, OREGON 

W. H. LEEDS, STATE PRINTER 

1901 



<$* 



o*\ 



K> 



o 



r 



INDEX. 



AFFIDAVIT— i-ase. 

Accompanying application shall state what 12 

ALSEA RIVER, BAY AND TRIBUTARIES— 

Close season for salmon in 22 

Unlawful to use trap, weir, dam or wheel in 5, 22 

When and where salmon may not be caught in 3 

ANSWER— 

Who may make, in proceedings to condemn fishing appliances 20 

APPEAL— 

From decision of circuit court in case of violation of fish law 21 

From decision of fish warden, how taken and tried 15 

APPLICATION FOR LICENSE— 

Shall be accompanied by affidavit 12 

Shall be made to fish warden 11 

APPROPRIATION— 

For construction of fishway at Oregon City 30 

For construction of hatcheries 28, 29 

For planting and propagating certain food fishes 27 

Of funds for constructing hatcheries on coast streams 29 

ATTORNEY-GENERAL— 

Board of Fish Commissioners may apply to for legal advice 17 

BEAVER CREEK— 

Unlawful to use trap, weir, dam, or wheel in 5 

When and where salmon may be caught in 4 

BOARD OF FISH COMMISSIONERS— 

Costs shall not be awarded against, when . 21 

May apply to Attorney-General for legal advice 17 

May close stream, when 18 

May reimburse owner of hatchery, when 8 

May stock waters of the state with fish IS 

May take salmon for purposes of propagation Hi 

Necessary traveling expenses to be paid 18 

Powers and duties of 6, 7 

Procedure in closing stream 18 

Procedure in opening stream 18 

Shall audit bills of fish warden 7, 17 

To serve without compensation 18 

Who constitute 6 

BOAT. See Fishing Boat. 



IV 



INDEX. 



BOND— paue. 

Not required oi' state ou appeal 21 

burden of proof in prosecutions 6 

canneries- 
how classified 12, IS 

License fees for 13 

CHETCO RIVER— 

Rights of tide land and riparian owners on • 23 

Unlawful to use trap, weir, dam and wheel in 5 

When and where salmon may be caught in 4 

CHINESE STURGEON LINES— 

Unlawful to use, where 1 26 

COAST STREAMS— 

When and where salmon may not be caught in 4 

COLUMBIA RIVER AND ITS TRIBUTARIES— 

Chinese sturgeon lines not to be used in part of 26 

When salmon may be caught in 1 

COOS BAY— 

Unlawful to use trap, weir, dam and wheel in 5 

When salmon may not be caught in 4 

COQUILLE RIVER— 

Unlawful to use trap, weir, dam and wheel in i 

COSTS- 

Not to be taxed against Board of Fish Commissioners 21 

Not to be taxed against fish warden 16 

DAMS— 

Fishway to be provided over 

Unlawful to use in certain streams 5 

DEALERS IN SALMON— 

Fees for license for 14, 15 

How classified 14, 15 

Shall obtain license 11 

Shall report purchase to fish warden 10, 11 

DEPUTY FISH WARDEN— 

Appointment, powers and duties of fl, 7 

Bond of_ 7 

Compensation and expense of 7 

May arrest without warrant 17 

DISTRICT ATTORNEY— 

Shall institute action to condemn fishing appliance, when 20 

Shall prosecute for violation of fish law 17 

Shall satisfy judgment, when 8 

DRUGS— 

Unlawful to use in water, when 8 

DYNAMITE— 

Unlawful to use for killing fish . 9 

EASTERN LOBSTERS— 

Appropriation for planting and propagating 27 

Unlawful to take 27 



I'SDKX. 



EASTERN' OYSTERS— page. 

Appreciation for planting and propagating 27 

Unlawful to take 27 

ELK CREEK— 

Unlawful to use trap, weir, dam and wheel in 5 

When and where salmon may not be caught in -i 

ELK RIVER— 

Rights of tide land and riparian owners on 23 

Unlawful to use trap, weir, dam and wheel in 5 

When and where salmon may be caught in 4 

EXPLOSIVES— 

Unlawful to use for destroying salmon 9 

FEES— 

For licenses 12, 13 

For licenses for dealers in salmon 14, 15 

Shall not be collected from Board of Fish Commissioners at institution of 

action 21 

FIXES— 

How disposed of 25 

One-half of, to be paid to informer 27 

Shall be paid into hatchery fund 8 

FIXES AXD PEXALTIES 6, 21-27, 31 

FISH— 

Unlawful to place in waters of this state without authority of Board of Fish 

Commissioners 19 

fishery bounty fund 31 

fishixg appliances- 
how and when condemned and sold 20 

May be seized by fish warden, when 19 

Xot to be used in part of Rogue River 22 

Subject to execution - 19 

FISHIXG BOATS— 

How and when condemned and sold 20 

How numbered 1(5 

May be seized by fish warden, when 19 

Subject to execution 1 19 

FISHIXG DAMS— 

L'nlawful to use in certain streams 5 

fishixg device- 
how numbered IB 

Xot to be left in streams during close season 6 

FISH LADDER. See Fishway. 

FISH TRAP— 

Fee for license for 12 

How and when condemned and sold 20 

How numbered 16 

May be erected by whom 9 

May be seized by fish warden, when 19 

Xot to be left in streams during close season 6 



vi INDEX. 



PAQB. 

Not to be placed within six hundred feet of fishway 2o 

Persons operating shall obtain license for 11 

Shall show light, when 16 

Subject to execution li) 

Unlawful to take salmon within two miles of certain y 

Unlawful to use in Alsea River, bay and tributaries 22 

Unlawful to use in certain streams 5 

FISHWAY— 

Must be provided in mill dam 9 

Unlawful to obstruct 25 

Unlawful to take fish within six hundred feet of . 10, 25 

FISHWAY AT OREGON CITY— 

Artificial obstructions may be removed from 31 

Unlawful to take fish within fifty feet of 31 

Unlawful to prevent passage of fish thi'ough 31 

FISH WARDEN— 

Appointment of - 6 

Authorized to inspect places of business and books 15 

Authorized to enter property and make inspection 17 

Bills for expenses of, to be audited by Fish Commissioners 7 

Bond of 7 

Compensation and expenses of 7 

Costs not to be taxed against 16 

Duties of 10 

How removed 

Is not bound by statement contained in application 15 

May arrest without warrant 17 

Report of, shall contain what 17 

Shall deposit money received from sale of salmon with State Treasurer 6 

Shall examine mill dams 9 

Shall issue license to fishermen, dealers and packers 11 

Shall keep record of applications for licenses 15 

Shall report to Board of Fish Commissioners 17 

Shall take and sell fish unlawfully caught 6 

FISH WHEEL- 

Fee for license for 12 

How and when condemned and sold 20 

How numbered 10 

May be seized by fish warden, when 19 

Not to be left in stream during close season 6 

Not to be used in certain streams 5 

Persons operating shall obtain license for 11 

Position of, in river during close season 10 

Subject to execution 19 

Unlawful to use in Alsea River, bay, etc 22 

Unlawful to use in certain streams 5 

FOULHOOKS- 

Unlawful to use, where ^ 5 

GAFFS— 

Unlawful to use, where 6 



INDEX. 



Vll 



GAS— PAGE. 

Unlawful to use, where 9 

GILL NET— 

Fee for license for 12 

How and when condemned and sold 20 

How numbered If! 

Maybe seized by fish warden 19 

Persons operating shall obtain license for 11 

governor- 
is member of Board of Fish Commissioners 6 

HATCHERIES- 

Appropriation for construction of 28,29 

Expense of constructing- and operating, to be paid out of hatchery fund 7 

May be constructed and operated in adjoining states, when 8 

On coast streams, appropriation for construction of 29 

Owners of hatcheries may be reimbursed for expenses, when 8 

Sites for, to be selected by fish commissioners 7 

Where located 29 

HATCHERY FUND— 

Certain money to be transferred to 8 

Expense of constructing and operating hatcheries to be paid out of 7 

Fines to be paid into 8 

How used 8 

Money received from sale of fishing appliances to be paid into 21 

Per diem and expenses of water bailiff to be paid out of 7 

Portion of may be expended for hatchery in adjoining state 8 

HOQUARTON SLOUGH— 

When and where salmon may be caught in 3 

INDIANS— 

Certain Indians not subject to fish law 5 

JUSTICES OF THE PEACE= 

Shall have concurrent jurisdiction in case of violation of fish law 19 

Shall have jurisdiction of certain acts ., 25, 31 

JUDGMENT— 

Shall not be awarded against Board of Fish Commissioners 21 

Under fish law, how satisfied 8 

KILCHIS RIVER— 

When and where salmon may not be caught in 3 

KLAMATH RIVER AND ITS TRIBUTARIES— 

Unlawful to use trap, weir, dam and wheel in 5 

KLAMATH RIVER— 

When and where salmon may be caught in 4 

LICENSE— 

Application for, to be accompanied by affidavit 11, 12 

Fees for J 12, 13 

For canners 13 

For dealers in salmon , It 

May be issued to whom 11 

Persons Ashing for salmon or sturgeon shall obtain 11 



yjii INDEX. 



PARE. 

Required of dealers and packers H 

Shall contain what 16 

To fishermen, dealers and packers, by whom issued 11 

LIGHT— 

Shall be displayed on trap, weir, etc • ]fi 

LIME— 

Unlawful to deposit in waters I 9 

LOBSTERS — 

Unlawful to have Eastern 'jn 

LOWER TEN-MILE CREEK— 

Unlawful to use trap, weir, dam and wheel in 5 

When and where salmon may not be caught in 4 

MASTER FISH WARDEN. See Fish Warden. 

MEDICATED BAIT— 

Unlawful to use, where 

MIAMI RIVER— 

When and where salmon may not be caught in 8 

MILL DAM— 

Unlawful to erect, without providing fishway 9 

Unlawful to take fish within six hundred feet of fishway in 10 

NECANICUM RIVER— 

LTnlawful to use trap, weir, dam and wheel in 5 

When and where salmon may not be caught in 4 

NEHALEM RIVER— 

Unlawful to use trap, weir, dam and wheel in 5 

When and where salmon may not be caught in 4 

NESTUCCA BAY— 

• Unlawful to use trap, weir, dam and wheel in 5 

When and where salmon may not be caught in 4 

NET— 

Not to be placed within six hundred feet of fishway : 25 

Right to exclusive use of, in certain streams 23 

Subject to execution 19 

NET ARTS BAY— 

Artificial oyster beds in . 28 

Natural oyster beds in 28 

OYSTERS— 

Artificial beds of, in Netarts Bay 28 

Natural beds of, in Netarts Bay 28 

Unlawful to have Eastern oysters 27 

PACIFIC OCEAN— 

When and where salmon may not be caught in 1, 2 

PACKER OF SALMON— 

Shall obtain license 11 

Penalty for violation of fish law - 6, 21 

" PERSON "— 

Defined j 21 



INDEX. 



IX 



PISTOL RIVER— page. 

Rights of tide land and riparian owners on—' 23 

Unlawful to use trap, weir, dam and wheel in 5 

When and where salmon may not be caught in 4 

POUND NET— 

Fee for license for 12 

How and when condemned and sold 20 

How numbered 16 

May be seized by fish warden 19 

Not to be left in stream during close season 6 

Persons operating shall obtain license for 11 

Shall show light, when : 16 

POWDER— 

Unlawful to use for killing fish 9 

RACK— 

May be erected, by whom 9 

Unlawful to take salmon within two miles of certain _.« 9 

RESISTING AN OFFICER 17 

ROGUE RIVER— 

Rights of tide land and riparian owners on 23 

Unlawful to take fish in certain parts of 22 

ROGUE RIVER AND ITS TRIBUTARIES— 

Gaffs, spears, and foulhooks may be used in 5 

Unlawful to use trap, weir, dam and wheel in 5 

Where salmon may be caught in 2 

SALMON— 

Defined 1 

Persons fishing for, shall obtain license, when 11 

Unlawfully caught, how disposed of 6 

Unlawful possession of, is evidence of guilt 9 

Unlawful to have in possession, or to sell during close season 9 

Unlawful to take, in certain parts of Rogue River 22 

SALMON RIVER— 

Unlawful to use trap, weir, dam or wheel in 5 

When and where salmon may not be caught in -4 

SAWDUST AND PLANER SHAVINGS— 

Not to be deposited in stream 10 

SECRETARY OF STATE— 

Certain vouchers to be filed with 29 

Is member of Board of Fish Commissioners 6 

Shall draw warrant for State Biologist, when 28 

Shall draw warrant, when 17 

Shall issue warrant for transferring certain moneys to hatchery fund 8 

SEINE— 

Fee for license for ' 12 

How numbered 10 

Not to be left in stream during close season 6 

Not to be placed within six hundred feet of fishway 25 

Person operating shall obtain license for 11 

Right to exclusive use of, in certain streams 23 



x INDEX. 

SET NET— PAGE. 

Fee for license for ^ 12 

How and when condemned and sold 20 

How numbered T 16 

Length of, in certain streams 5 

May be seized by fish warden, when 1!) 

Not to be left in water during close season II 

Persons operating shall obtain license for 11 

SILETZ RIVER— 

Unlawful to use trap, weir, dam and wheel in 5 

When and where salmon may not be caught in -1 

SIUSLAW RIVER— 

Unlawful bo use trap, weir, dam and wheel in •"> 

When and where salmon may not be caught in -1 

SIXES RIVER— 

Right of tide land and riparian owners on 2H 

Unlawful to use trap, weir, darn and wheel in 5 

When and where salmon may not be caught in 4 

SPAWNING SALMON— 

Unlawful to take, except for certain purposes "> 

SPEARS— 

Unlawful to use 5 

STATE BIOLOGIST— 

Duties of 27 

Expenses of, how paid 27. 28 

STATE TREASURER- 

i 

Is member of Board of Fish Commissioners (! 

Shall deposit certain money in hatchery fund (i 

STURGEON— 

Close season for 2(i 

Shall be returned to water, when 26 

Unlawful to fish for, without license 11 

Unlawful to fish for, with Chinese sturgeon lines 2(i 

Unlawful to take under four feet in length 26 

TIDE LANDS— 

Rights of certain owners of : 2:i 

TILLAMOOK BAY AND ITS TR1BUTARIES- 

Unlawful to use trap, weir, dam or wheel in 5 

AVhen and where salmon may not be caught in 2, 3 

TRASK RIVER— 

When and where salmon may not be caught in 3 

UMPQUA RIVER AND ITS TRIBUTARIES— 

Unlawful to use trap, weir, dam or wheel in 5 

When and where salmon may not be caught in 3 

UPPER TEN MILE CREEK— 

Unlawful to use trap, weir, dam or wheel in ."> 

When and where salmon may not be caught in A 

wallowa county- 
how and when salmon may be caught in 24 



TNDEX. . x 

WALLOWA LAKE— PAGE. 

Unlawful to deposit fish offal in . 25 

Unlawful to take fish from, except with hook and line 24 

WALLOWA RIVER— 

Unlawful to deposit fish offal in 25 

WASHINGTON— 

License issued in state of, when valid 11 

'WATER BAILIFF"— 

Authority of 7 

Compensation of 7 

May be appointed by Board of Fish Commissioners 7 

WEIR— 

Fee for license for 12 

How numbered 16 

Not to be left in stream during close season (> 

Persons operating shall obtain license for 11 

Shall show light, when 16 

Subject to execution 19 

Unlawful to use in certain streams -5 

WHEEL. See Fish Wheel. 

WILLAMETTE RIVER AND ITS TRIBUTARIES— 

Unlawful to use trap, weir, dam and wheel in 5 

When salmon may be caught in 2 

WILSON RIVER— 

When and where salmon may be caught in 3 

WINDCHUCK RIVER— 

Rights of tide land and riparian owners on 23 

Unlawful to use trap, weir, dam and wheel in 5 

When and where salmon may not be caught in I 

YAQUINA BAY— 

Unlawful to use trap, weir, dam and wheel in 5 

YAQUINA RIVER— 

When and where salmon may be caught in 4 

YOUNG SALMON— 

Unlawful to take or fish for ^ 5 



OREGON FISH LAWS, 1901. 



AN ACT [ H. B. 219 ] 

To provide for the better protection of chinook, steeheads and all other 
anadromous species of salmon and other fish; and for the better protec- 
tion of the fishing industry in this state and the regulation and control 
thereof; to regulate the time and appliances for the taking of the same; 
to provide for the creation of a Board of Fish Commissioners and other 
officers pertaining to the fishing industry in this state ; to provide for 
the construction and maintenance of fish hatcheries in the State of 
Oregon and adjoining states; and to repeal certain laws in this act 
designated, and all acts and parts of acts in conflict therewith. 

Be it enacted by the Legislative Assembly of the State of Oregon: 

Section 1. Whenever the word "salmon" is used in this 
act the same shall be deemed and held to include chinook, 
steelheads and all other anadromous species of salmon and 
trout. 

Section 2. It shall be unlawful to take or fish for salmon 
in any rivers or their tributaries in the State of Oregon, or 
any waters over which the State of Oregon has concurrent 
jurisdiction, except as hereinafter provided. 

COLUMBIA RIVER AND ITS TRIBUTARIES. 

Section 3. It shall be unlawful to take or fish for salmon 
in the Columbia River, or within three miles outside of the 
mouth thereof, or at any point west of the confluence with 
the Des Chutes River, by any means whatever after the pas- 
sage of this act, between 6 A. M. on the first day of March 
and 6 A. M. on the fifteenth day of April, or between 6 A. M. 
on August 15 and 6 A. M. on September 10, or between the 
hours of 6 P. M. on Saturday and 6 P. M. of the Sunday fol- 
lowing in any week from April 15 until August 15. 

Section 4. It shall be unlawful to take or fish for salmon 
at any time by any means whatever, except with hook and line 
commonly called angling, or to take or fish for salmon in any 
manner whatever during the spawning season on any spawn- 



12 J 

ing bed or shallow where salmon are wont to lie and deposit 
their spawn, in the Columbia River or any of its tributaries 
east of- its confluence with the Des Chutes River. 

WILLAMETTE RIVER AND ITS TRIBUTARIES. 

Section 5. It shall be unlawful to take or fish for salmon 
iti the Willamette River and its tributaries, north of the* falls 
at Oregon City, by any means whatever, except with hook and 
line commonly called angling, from March 1 to April 15, and 
from June 15 to November 1, or from 6 P. M. on Saturday until 
6 P. M. on Sunday of any week in any year ; or to take or fish 
for salmon by any means whatever, after the passage of this 
act, except with hook and line commonly called angling, in the 
Willamette River or its tributaries south of the falls at Oregon 
City. 

ROGUE RIVER AND ITS TRIBUTARIES. 

Section 6. It shall be unlawful to take or fish for salmon 
in Rogue River and its tributaries, except with rod and line 
commonly called angling, from 6 P. M. Saturday to 6 P. M. 
the Sunday following, in any week of any year ; or from 
March 1 to April 1, and from August 15 until September 20, 
east of its confluence with the Illinois River, or from March 1 
to April 1, and from August 1 to September 1, west of its con- 
fluence with the Illinois River ; or at the mouth of said Rogue 
River where it empties into the Pacific Ocean, or within three 
miles outside thereof, from May 1 to August 1. 

TILLAMOOK BAY AND ITS TRIBUTARIES. 

Section 7. It shall be unlawful to take or fish for salmon 
in the tributaries of Tillamook Bay, above tidewater, at any 
time by any means whatever, except with hook and line, com- 
monly called angling ; or in any of the waters of Tillamook 
Bay or its tributaries from 6 P. M. Saturday until 6 P. M. 
the Sunday following in any week of any year ; or in said 
bay or in any of the tributaries thereof below the points 
hereinafter named, between 6 A. M. on the first day of Feb- 
ruary and 6P.M. on the fifteenth day of July of each year, 
or between 6 A. M. on the twentieth day of November and 
6 P. M. on the first day of December of each year ; or in any 
of the following named streams, being tributaries of the 
Tillamook Bay, from July 1 to November 15, above the points 



[3 J 

specified on each stream, namely: Miami River, at the in- 
tersection of said stream by the south line of section 11, in 
township 1 north of range 10 west of Willamette Meridian ; 
Kilchis River, at the intersection of said stream by the east 
line of section 12, in township 1 south of range 10 west of 
Willamette Meridian ; Wilson River, at the intersection of 
said stream by the quarter section line running north and 
south through section 20, in township 1 south of range 9 
west of Willamette Meridian ; Hoquarton Slough, at the in- 
tersection of said slough by the west line of section 24, in 
township 1 south of range 10 west of the Willamette Me- 
ridian ; Trask River, at the intersection of said river by the 
quarter section line running east and west through section 
26, in township 1 south of range 10 west of the Willamette 
Meridian ; Tillamook River, at the intersection of said stream 
by the west line of section 7 in township 2 south of range 
9 west of the Willamette Meridian. 

ALSEA RIVER, BAY AND ITS TRIBUTARIES. 

Section 8. It shall be unlawful to take or fish for salmon 
in the tributaries of Alsea Bay above tidewater at any time 
by any means whatever, except by hook and line commonly 
called angling ; or to take or fish for salmon in any of its 
bays or tributaries below tidewater from 6P.M. Saturday to 
6 P. M. the Sunday following in any week of any year, or 
from the first day of March until the twentieth day of August, 
and from the twentieth day of November until the twentieth 
day of December of each year. 

(See act of February 25, 1901, page 22.) 

UMPQUA RIVER AND ITS TRIBUTARIES. 

Section 9. It shall be unlawful to take or fish for salmon 
in the Umpqua River or its tributaries from 6 P. M. Saturday 
until 6 P. M. the Sunday following in any week of any year, 
by any means whatever, except with hook and line commonly 
called angling ; or in any of the bays or tributaries thereof 
below the points hereinafter named, from March 1 to June 1, 
and from November 20 to December 15 ; or to take or fish 
for salmon by any means whatever, except for the purpose 
of propagation, above the points specified on each stream, 
viz : North Fork, at the north boundary line of the town of 
Winchester ; South Fork, at the south boundary line of the 
town of Roseburg. 



[4] 

COOS BAY, COQUILLE RIVER AND THEIR TRIBUTARIES. 

Section 10. It shall be unlawful to take or fish for 
salmon in the tributaries of Coos Bay, Coquille River at any 
time by any means whatever, except with hook and line 
commonly called angling, or in any of the waters of Coos 
Bay and Coquille River or their tributaries from 6 P. M. 
Saturday to 6 P. M. the Sunday following in any week of 
any year, or from 6 A. M. on the first day of February and 
[to] 6 P. M. on the first day of August, or between 6 A. M. on 
the twentieth day of November and 6 P. M. on the fifteenth 
day of December. 

It shall be unlawful to take or fish for salmon at any 
time, except with hook and line commonly called angling, on 
the south fork of the Coquille River above the junction of 
the same, at what is known as "Hoffman's Bridge," or on 
the north or east fork of said river above the junction of 
said north and east forks. It shall be unlawful to take or 
fish for salmon at any time, except with hook and line, com- 
monly termed angling, in north or south fork of Coos River 
above the junction of the two streams. 

COAST STREAMS. 

Section 11. It shall be unlawful to take or fish for salmon 
in any of the following named streams, or any of their tribu- 
taries, above tide water, at any time by any means whatever, 
except by hook and line, commonly called angling ; or any 
of their bays or tributaries, below tidewater, from 6 P. M. 
Saturday to 6 P. M. the Sunday following in any week of any 
year, or between 6 A.M. on the first day of February and 6 
P. M. on the first day of August, or between 6 A. M. on the 
twentieth day of November and 6 P. M. on the fifteenth day 
of December, viz. : Windchuck River, Chetco River, Pistol 
River, Elk River, Sixes River, Lower Ten-Mile Creek, Upper 
Ten-Mile Creek, Siuslaw River, Beaver Creek, Yaquina Bay 
and River, Siletz River, Salmon River, Nestucca Bay and 
River, Nehaleni River, Elk Creek, Necanicum River, and 
Klamath River ; provided, that this section shall not be con- 
strued to apply to the Necanicum River or Creek below the 
lowermost bridge that now crosses said creek or river. 



TRAPS, WEIRS, FISHING DAMS, AND FISH WHEELS. 

Section 12. It shall be unlawful for any person or per- 
sons to construct, maintain or operate any trap, weir, fishing 
dam, or fish wheel in any of the following named streams, or 
to operate any set net or other fixed appliance which shall 
extend more than one-third across any of the waters thereof : 
Willamette River and its tributaries, Rogue River and its 
tributaries, Umpqua River and its tributaries, Tillamook Bay 
and its tributaries, Alsea Bay and its tributaries, Windchuck 
River, Chetco River, Pistol River, Elk River, Sixes River, 
Coquille River, Coos Bay, Lower Ten-Mile Creek, Upper Ten- 
Mile Creek, Siuslaw River, Beaver Creek, Yaquina Bay, 
Siletz River, Salmon River, Nestucca Bay, Nehalem River, 
Elk Creek, Necanicum River, Klamath River and tributaries ; 
provided, that the provisions of this section shall hot be 
construed to apply to that portion of the Necanicum Creek or 
River below the lowermost bridge which is now constructed 
on said creek or river, or their tributaries. 

PROTECTION OF YOUNG SALMON IN TIDEWATERS. 

Section 13. It shall be unlawful to take or fish for the 
young of salmon under twelve inches in length in the waters 
of the State of Oregon, or in the waters of any of the rivers 
or bays over which the State of Oregon has concurrent juris- 
diction, in any manner whatever, or to take, fish for, or 
destroy, by any manner at any time whatever, or expose for 
sale, or have in possession, except for the purpose of propa- 
gation, any gravid or spawning salmon. 

GAFFS, SPEARS AND FOULHOOKS. 

Section 14. It shall be unlawful at any time whatever to 
take, fish for or pursue salmon in any of the rivers and their 
tributaries in the State of Oregon, or in any waters over which 
the State of Oregon has concurrent jurisdiction, with spear, 
gaff or foulhook, or other device, whether used with rod and 
line or otherwise, for the purpose of foulhooking salmon ; 
provided, that nothing in this act shall be construed to affect 
the operations and rights of the North American Indians who 
have not severed their tribal relations ; and, provided further, 
that the provisions of this section shall not apply to the waters 
of Rogue River and its tributaries. 



I 6 ] 

PINES AND PENALTIES. 

Section 15. Any person or persons fishing for, taking or 
catching salmon in violation of this act, or fishing for salmon 
by leaving or having in any of the waters of this state, or in 
any of the waters over which this state has concurrent juris- 
tion, or who shall leave or cause to be left or have or permit 
any fish trap, weir, pound net, set net, fish wheel, seine, or 
any device intended for or which is capable of being used to 
catch fish, in any of the said waters, in a condition to take or 
catch fish, during the closed season provided for in this act, 
or purchasing salmon so unlawfully caught, or having in his 
or their possession any salmon so caught, shall be guilty of a 
misdemeanor, and upon conviction thereof shall be fined in a 
sum of not less than $50 nor more than $500 for each and 
every offense. In the prosecution of all actions under any of 
the provisions of this act, the burden of proof shall be upon 
the defendant to show that the salmon in his or their posses- 
sion during the above prohibited time were caught by hook 
and line. All salmon so unlawfully caught or taken shall be 
immediately taken possession of by the fish warden, and shall 
be by him confiscated and sold at the ruling market price. 
Any person shall be authorized to purchase the same from the 
fish warden, and the fish warden shall thereupon deliver to 
the party purchasing the same a certificate of such sale, and 
such certificate shall be a complete defense to any prosecution 
for having in his or their possession such salmon in violation 
of any of the provisions of this act. The money arising from 
the sale of such salmon by said fish warden shall be deposited 
with the State Treasurer, and shall be by him deposited in 
the hatchery fund. 

BOARD OP PISH COMMISSIONERS. 

Section 16. The Governor, Secretary of State and State 
Treasurer are hereby created a Board of Fish Commissioners. 
It shall be the duty of such fish commissioners to appoint 
one Master Fish Warden and also one deputy, who shall be 
known as deputy fish warden, who shall have the same power 
and authority for enforcement of the law as the Master Fish 
Warden. They shall hold their offices at the pleasure of the 
Board of Fish Commissioners, who may summarily remove 
them whenever in their judgment they shall deem such a 
change for any cause advisable. Before entering upon the 



m 

duties of his office, the said Master Fish Warden shall file 
with the Secretary of State a bond, to be approved by the 
board, in the sum of $25,000, with two or more sureties, con- 
ditioned for the faithful performance of his duties as pre- 
scribed in this act. His compensation shall be $2,500 per 
year, to be paid quarterly from the general fund, and he shall 
be allowed for hire of patrol boat and his actual traveling 
expenses, office and other necessary expenses in the perform- 
ance of his duties, the sum of $1,700 per year, to be paid 
from the said fund. 

The deputy fish warden shall, before entering upon his 
duties, execute a bond with one or more sureties to be ap- 
proved by the board in the sum of $1,000 to the State of Ore- 
gon, conditioned for the faithful performance of his duties. 
The deputy fish warden shall devote his entire time and at- 
tention to the fish industry of the state, under the direction of 
the board and supervision of the Master Fish Warden, and 
shall receive a salary of $1,000 per year, payable quarterly 
from said fund, and he shall be allowed- for his actual travel- 
ing expenses while in the performance of his duties, the sum 
of $500 per annum. 

The Board of Fish Commissioners is hereby authorized to 
appoint a special deputy for any stream in the state, who 
shall be known as "Water Bailiff," and who shall reside in 
the vicinity of said stream for which he is appointed. Such 
water bailiff shall have the power to enforce the fish laws in 
any part of the state, under the direction of the master or 
deputy wardens. The special deputy shall receive the sum 
of $3.00 per day while in the actual performance of his duties, 
and shall receive for his actual traveling expenses, upon 
vouchers for the same, not to exceed $2.00 per day while in 
the performance of his duties, the same to be paid out of the 
"hatchery fund." 

Section 17. It shall be the duty of such fish commission- 
ers to select and locate, or direct the selection and location of, 
suitable sites for the construction of fish hatcheries, and 
direct the fish wardens to construct thereat such hatcheries 
as in the judgment of the board will be to the best interests 
of the fishing industry. Said commissioners shall have the 
right to pay out all moneys in the hatchery fund provided by 
law for the construction and operation of fish hatcheries ; 
also to audit all bills of the fish wardens before the same are 
paid, and to generally exercise a supervisory control over the 
fish wardens and all fish hatcheries of the state. 



[8] 

Section 18. All moneys received and all fines collected 
under this act shall be paid to the state treasury within thirty 
days after collection, to be placed in the fund known as the 
"hatchery fund," said fund to be used for hatchery purposes 
under the direction of the Board of Fish Commissioners. All 
moneys now in the several hatchery funds shall be transferred 
to said hatchery fund provided for in this section, and the 
Secretary of State shall issue his warrant making such trans- 
fer. Upon the payment of any judgment that may have been 
obtained against any person or persons for the violation of 
any of the provisions of this act, the same shall be satisfied 
by the district attorney, upon presentation of the receipt of 
the chairman of the Board of Commissioners. 

Section 19. When there shall be in operation on any 
river of this state, for the purpose of stocking said river or 
its tributaries with salmon, owned by any person or persons 
or corporation, the Board of Fish Commissioners, upon proper 
evidence that said salmon hatchery shall have been operated 
in any year in such a manner as to produce a benefit to such 
stream equal to that derived from the same amount of money 
expended at hatcheries maintained and operated by the Board 
of Fish Commissioners, the said Board of Fish Commissioners 
shall pay over to such person or persons or corporation not to 
exceed sixty per cent, of the moneys received by such board 
for licenses from persons engaged in fishing or packing fish 
on such river or its tributaries ; the same to be used by such 
person or persons, firm or corporation in propagating salmon 
in such river or its tributaries. 

CONSTRUCTION AND OPERATION OF HATCHERIES IN ADJOINING 

STATES. 

Section 20. That the State Board of Fish Commissioners 
is hereby authorized to construct, maintain or operate salmon 
hatcheries in an adjoining state, and to expend a portion of 
the money in the "hatchery fund" for that purpose; pro- 
vided, that no hatchery shall be constructed or operated on 
any stream in an adjoining state that is not a tributary of 
the Columbia River, or whose waters do not flow into said 
Columbia River. 



[9 I 

RACKS OR OTHER OBSTRUCTIONS FOR HATCHERY PURPOSES. 

Section 21. The Fish Commissioner and the Fish Com- 
mission of the United States government, or any individual 
operating hatcheries in this state, are hereby authorized to 
erect racks, traps, or other obstructions across any of the 
streams in this state for the purpose of obtaining salmon for 
propagating purposes, and it shall be unlawful for any per- 
son or persons to injure or destroy any such racks, traps or 
obstructions by any means whatever, or take, kill, destroy or 
molest any salmon within two miles below any such rack, 
trap or obstruction across any stream in this state. 

Section 22. It shall be unlawful for any person or persons 
to throw, or cast, or pass, or cause or permit to be thrown, or 
cast or passed, in any waters of the state in which salmon fish 
of any kind, or other food fishes, are wont to be, any lime, 
drug, powder, medicated bait, gas or coculus indicus, or any 
other substance deleterious to fish, or to explode or cause to 
be exploded in any waters of this state any powder, hercules 
powder, giant powder, dynamite, nitroglycerine, or any 
explosive substance whatever, for the purpose of catching, 
killing or destroying any salmon or any food fish. 

Section 23. It shall be unlawful for any person or per- 
sons to receive, or have in his or their possession, or sell or 
offer for sale, or transportation, or transport, daring the closed 
season named in this act, any chinook, steelhead, blueback, 
silverside or other species of salmon, caught or taken during 
any of the close seasons named in this act ; and in all prose- 
cutions under this section the possession by any person dur- 
ing the close season named in this act of any chinook, steel- 
head, blueback, silverside or other species of salmon shall be 
construed as prima facie evidence that the same were unlaw- 
fully caught during the close season. 

Section 24. It shall be unlawful for any person to con- 
struct any mill dam or artificial obstruction across any stream 
in this state frequented by salmon or trout, or to maintain 
any such mill dam or obstruction heretofore erected without 
providing [a passage way] for such fish over such obstructon, 
such passage way for fish to be constructed as near the main 
channel as may be practicable. It shall be the duty of the 
fish warden to examine, from time to time, all mill clams and 
artificial obstructions to all rivers and streams in the state fre- 
quented by salmon or other migratory fish, and if in his opin- 
ion there is not a free passage for fish over any mill dam or 



[ 10 J 

artificial obstruction to notify the owner or occupant thereof to 
provide the same within a reasonable time with a durable and 
efficient fish way, of such form and capacity and in such loca- 
tion as shall be determined by the fish warden. If such fish 
way is not completed to the satisfaction of said fish warden 
within the time specified, the owners or occupants of such 
mill dam or artificial obstruction shall be deemed guilty of a 
misdemeanor, and on conviction shall be punished as in this 
act hereinafter provided. It shall be incumbent upon the 
owners and operators of all mill dams or artificial obstruc- 
tions, where the fish warden requires such fish way to be pro- 
vided, to keep the same in repair and open and free from 
obstructions to the passage of fish at all times, and any owner 
or operator of any dam or artificial obstruction who neglects 
or refuses to keep such fish way in repair and open and free 
from obstruction to the passage of fish shall be guilty of a 
misdemeanor, and. upon conviction shall be punished as in 
this act hereinafter provided ; and the continuance from day 
to day of the neglect or refusal after notification in writing 
by the fish warden, shall constitute a separate offense ; and 
it shall be unlawful for any person to willfully or knowingly 
destroy, injure or abstract from such fish way, or to take or 
catch any salmon or other migratory fish within six hundred 
feet of any fish way. 

Section 25. It shall be unlawful for any proprietor or 
operator of any saw mill in this state, or any employee 
therein, or any other person, to cast sawdust, planer shavings 
or other lumber waste made by any lumber manufacturing 
concern, or suffer or permit such sawdust, shavings or other 
lumber waste to be thrown or discharged in any manner into 
the waters of this state or the Columbia River, or to deposit 
the same where high waters w T ill take the same into any of 
the waters of this state or the Columbia River. 

Section 26. It shall be unlawful for any person to place 
or cause to be placed in any of the rivers or waters of this 
state, or in any river or water over or upon which this state 
has concurrent jurisdiction, any fish wheel in a condition to 
take salmon, or in a position less than three feet above the 
surface of any such river or water, or covered or concealed in 
such manner that the position of the same cannot be clearly 
discerned from the nearest river bank, during any part of the 
closed season specified in this act. 

Section 27. It shall be the duty of all persons who pur- 
chase from fishermen or takers or catchers of fish, for the 



[11] 

purpose of selling them again for profit, to report to the fish 
warden, on or before the fifteenth day of November of each 
year, the number of every species of fish, stated separately, 
so purchased by them, and, if purchased by weight, the num- 
ber of pounds of each species. 

Section 28. It shall be unlawful for any person or per- 
sons to take or fish for salmon fish or sturgeon in any of the 
waters of this state, or in any of the waters upon which this 
state has concurrent jurisdiction, by any means whatever, 
except with hook and line commonly called angling, without 
first having obtained a license therefor. 

Section 29. It shall be unlawful for any person or per- 
sons to operate or maintain, or leave in a condition to take 
fish, in any of the waters of this state at any time hereafter, 
any fish traps, weir, pound net, set net, gill net, fish wheel, 
seine or any device or apparatus or gear used in catching- 
salmon fish or sturgeon, without first having obtained from 
the fish warden a license therefor as hereinafter provided. 

Section 30. It shall be unlawful for any person or per- 
sons, firm or corporation to engage in the business of packing 
or dealing in salmon fish or sturgeon within the State of Ore- 
gon without first having obtained a license therefor from the 
fish warden as hereinafter provided. All licenses issued 
under the provisions of this act shall expire on the thirty-first 
day of December following the issuance of such license. 

Section 31. It shall be unlawful for any person to take, 
catch or fish for salmon fish or sturgeon in any waters of this 
state unless such person be a citizen of the United States or 
has declared his intention to become such, and has' been a 
bona fide resident of the State of Oregon for the period of six 
months ; provided, that a license issued by the State of Wash- 
ington, such state having concurrent jurisdiction on the 
Columbia River with this state, shall be deemed valid as to 
gill nets and as to gill-net fishermen for use on the Columbia 
River, as though issued by the fish warden of this state. 

Section 32. Any person, desiring to obtain a license to 
take or catch salmon fish or sturgeon in any of the waters of 
this state, in any manner whatever, either working upon as 
employer or employee of any pound net, set net, fish trap, gill 
net, fish wheel, seine or any other device or apparatus used 
for the purpose of catching salmon fish or sturgeon, whether 
such person is the owner of such appliance or otherwise, shall 
present in writing to the fish warden his application, which 



[ 12 I 

application shall be accompanied by the affidavit of said 
applicant that he is a citizen of the United States or has 
declared his intention to become such, and that he is and has 
been for the six months next preceding such application a 
bona fide resident of the State of Oregon, and shall also be 
accompanied by the affidavit of at least three freeholders 
residing within the State of Oregon that they are and for the 
six months preceding the time of making such affidavit 
have been freeholders residing in the State of Oregon and 
acquainted with such applicant, and know that such appli- 
cant is a citizen of the United States or has declared his inten- 
tion to become such, and is and has been for the six months 
next preceding the making of such affidavits by said free- 
holders a resident of the State of Oregon, and shall deposit 
with the said fish warden a license fee of $1 ; and thereupon 
a license shall be issued to such applicant, authorizing him 
to engage in taking and catching fish in any of the waters of 
the district, as hereinafter provided for. In addition to the 
license aforesaid, any licensed fisherman, desiring to engage 
in the business of operating a fish trap, pound net, set net, 
gill net, fish wheel, or seine or other appliance not prohibited 
by law for the purpose of catching fish, shall make appli- 
cation in writing to the said fish warden, specif}dng with con- 
venient certainty the character of the appliance that the 
applicant desires to obtain license for, together with the 
number of his individual license as provided in this act, and, 
upon payment of a license fee as hereinafter provided, said 
fish warden shall issue to such person a license to operate the 
character of appliance desired in said application ; provided, 
that such license shall be good only in the district for which 
same is issued. 

The following annual license fees for fishing appliances 
shall be paid by those owning or operating the same : 

For each drag seine not exceeding five hundred feet in length $ 10 00 

For each additional foot in length the further sum of 02 

For each gill net 2 50 

For each set net 1 00 

For each pound net, trap,or weir 1 15 00 

For each scow fish wheel 15 00 

For each stationary fish wheel 25 00 

Section 33. Any person or firm or corporation engaged 
in the business of canning fresh salmon in hermetically sealed 
tins or cans in this state shall pay a license fee as follows : 



[13] 

Those of the first class $ 100 00 

Second class 150 00 

Third class 200 00 

Fourth class 250 00 

Fifth class 300 00 

Sixth class 350 00 

Seventh class 400 00 

Eighth class 450 00 

Canners of the first class are those whose pack of salmon 
fish for the season next preceding the year that [license] is 
applied for does not exceed ten thousand cases of salmon, 
forty-eight pounds to the case. Those of the second class are 
canners whose pack for the year next preceding the year the 
license is applied for exceeded ten thousand cases, but did not 
exceed fifteen thousand cases of salmon, forty-eight pounds 
to the case. Those of the third class are canners whose pack 
during the year next preceding the year the license is applied 
for exceeded fifteen thousand cases, but did not exceed twenty 
thousand cases, forty-eight pounds to the case. Those of the 
fourth class are those whose pack preceding the year the li- 
cense is applied for exceeded twenty thousand cases, but did 
not exceed twenty-five thousand cases, forty-eight pounds to 
the case. Those of the fifth class are canners where the pack 
during the year next preceding the year the license is applied 
for exceeded twenty-five thousand cases, but did not exceed 
thirty thousand cases, forty-eight pounds to the case. Those 
of the sixth class are canners whose pack the season next pre- 
ceding the year the license is applied for exceeded thirty thou- 
sand cases, but did not exceed thirty-five thousand cases, forty- 
eight pounds to the case. Those of the seventh class are those 
whose pack for the year next preceding the year the license 
is applied for exceeded thirty-five thousand cases, but did not 
exceed forty thousand cases, forty-eight pounds to the case. 
Those of the eighth class are those whose pack during the 
season next preceding the year the license is applied for ex- 
ceeded forty thousand cases, forty eight pounds to the case. 
Where more than one cannery or plant is operated by the same 
person, firm or corporation, each shall be licensed separately 
and according to its class. Any person, firm or corporation 
desiring to engage in the business of canning salmon in this 
state shall make an application in writing to the Board of Fish 
Commissioners for a license therefor, which application shall 
describe the locality of the salmon cannery as near as practica- 
ble, and shall be accompanied by the affidavit of the applicant, 
stating the number of cases of salmon that were packed in 
such cannery the year next preceding the year the license is to 



[ 14 ] 

be issued, and shall deposit with said application the license 
fee, according to the class in which said cannery should be 
listed. No license shall be issued until such affidavit is made 
and filed and such license paid ; provided, that if any person, 
firm or corporation desires to obtain a license for a cannery 
which had not been operated the year preceding such applica- 
tion, such cannery shall be considered of the first class, and a 
license fee provided for such class shall be paid. 

Section 34. Any person, firm or corporation engaged in 
the business of buying, selling, packing, preserving or other- 
wise dealing in salmon fish or sturgeon, other than canners 
thereof as provided in act, shall be and are classified as fol- 
lows : First class dealers, handling not less than ten tons of 
fish and not exceeding twenty tons ; second class dealers, hand- 
ling twenty to thirty tons fish ; third class dealers, handling 
from thirty to forty tons fish ; fourth class dealers, handling- 
forty to fifty tons fish ; fifth class dealers, handling fifty to 
one hundred tons fish ; sixth class dealers, handling one hun- 
dred to two hundred tons fish ; seventh class dealers, hand- 
ling; two hundred to three hundred tons fish ; eighth class 
dealers, handling three hundred to four hundred tons fish ; 
ninth class dealers, handling four hundred to five hundred 
tons fish ; tenth class dealers, handling five hundred to seven 
hundred and fifty tons fish ; eleventh class dealers, handling 
seven hundred and fifty tons fish or over. Any person, firm 
or corporation desiring to obtain a license for the purpose of 
engaging in the business of buying, selling, preserving or 
otherwise dealing in salmon fish or sturgeon, other than can- 
ners as provided in [this] act, shall file with the Board of Fish 
Commissioners an application therefor, describing with con- 
venient certainty the locality at which the applicant proposes 
to engage in business, and the general character of such busi- 
ness, whether cold storage or otherwise, and shall accompany 
such application with an affidavit of the applicant stating the 
total number of tons of salmon fish or sturgeon handled by 
such applicant the year preceding the year the applicant de- 
sires a license, and shall deposit with the Board of Fish Com- 
missioners the license fee as hereinafter provided. Such 
persons aforesaid of the first class shall pay an annual fee of 
$10 ; of the second class, $15 ; of the third class, $20 ; of the 
fourth class, $25; of the fifth class, $50; of the sixth class, 
$100 ; of the seventh class, $150 ; of the eighth class, $200 ; 
of the ninth class, $250 ; of the tenth class, $350 ; of the 



[15] 

eleventh class, $450 ; provided, that any person, firm or cor- 
poration that has not engaged in dealing in salmon fish or 
sturgeon, either or both, as aforesaid, desiring a license, shall 
be listed as of the ninth class, and shall pay a license fee 
accordingly. Persons desiring to engage in the business of 
retailing salmon fish or sturgeon for home consumption shall 
be listed of the first class, and shall pay a license therefor 
accordingly. 

Section 35. The fish warden [shall] keep and preserve a 
record of all applications for license filed. The fish warden 
is not bound by statements therein made as to the amount of 
fish packed or handled, but for the purpose of ascertaining 
the true class in which any cannery or dealer in salmon 
fish or sturgeon, as herein provided, should be listed, such 
fish warden or any of his deputies has full authority and is 
hereby authorized to inspect the cannery and places of busi- 
ness of such parties, and the books of such parties showing 
the amount of their pack or the amount handled (but the in- 
formation derived therefrom shall not be made public) , and 
if in the opinion of the fish warden the facts set forth in 
the affidavit of the applicant for a license are untrue, and the 
canner, packer or dealer as herein provided, is not properly 
classed, he shall immediately class the same and list the same 
properly, and cancel the license already issued, and demand 
from such canner, packer or dealer, as herein specified, a new 
license fee necessary to bring it within the class it should 
have been listed in in the first instance. But any person, 
firm or corporation feeling aggrieved by the decision of the 
fish warden may appeal from the decision of the fish war- 
den to the circuit court of the State of Oregon for the county 
in which his or its business is situated. Such appeal is taken 
by serving a written notice of such appeal on the fish war- 
den, or his deputy residing in the county, and filing same with 
proof of service indorsed thereon, within ten days from re- 
ceiving notice of such relisting by such fish warden, to- 
gether with a bond with one or more sufficient sureties to be 
approved by the clerk of the circuit court, conditioned to pay 
whatever judgment may be rendered against him on the ap- 
peal, in the office of the clerk of the circuit court of the State 
of Oregon for the county in which said business is located ; 
and the case be tried in the said circuit court as a suit in 
equity, and judgment entered by the court accordingly, and the 
decision shall be final, and the judgment of the court shall 



[16 J 

be enforced as other judgments are, and shall have like force 
and effect. No costs shall be taxed against the fish warden 
in any event. Nothing in this section shall be construed to 
prevent the Board of Fiih Commissioners, or any one of the 
deputies, from giving in evidence at the trial of such appeal 
any fact or information derived by them from inspection of 
the books or papers of any canner, packer or dealer in fish, or 
from offering in evidence in any court the affidavit of any 
person required by this act. 

Section 36. Each license issued under the provisions of 
this act shall be numbered and dated by the fish warden, and 
the number of pound net, gill net, fish wheel, seine, trap, or 
other appliance licensed, and the number of district where the 
appliance is located, and shall also contain the name of the 
person or persons to whom such license is granted. 

Section 37. Any person operating or using any pound 
net, trap, weir, fish wheel, or fixed appliance for taking- 
salmon, shall cause to be placed in a conspicuous place on 
said net, trap, weir, fish wheel, or other fixed appliance, the 
number, preceded by an "0," designated by the fish warden 
at the time of issuing the license for operating thereof ; said 
number to consist of black figures not less than six inches in 
'length, painted on white ground ; and each pound net, trap, 
or weir shall, during the fishing season, between sunset and 
sunrise, show conspicuously a bright, white light. Any 
person owning or operating or using any seine, gill net, or 
set net for the purpose of taking salmon, shall cause to be 
branded on the corks of each end of the said net or seine, 
and upon the cork nearest the center thereof, the number 
designated by the fish warden at the time of issuing the 
license for the operation of said net or seine ; said number 
shall consist of figures not less than one-half inch in length ; 
and shall also cause to be placed upon the bow of the boat 
used to operate the said seine or net such license number, 
preceded by an "0," the same to consist of black figures not 
less than four inches in length, painted on white ground. 

Section 38. The fish warden shall keep proper books 
showing the licenses issued, to whom issued, and amounts 
received, and all moneys disbursed and paid out for any 
cause. It shall also be his duty to devote his entire time and 
attention to the fishing interests and fishing industries of the 
state ; see that all laws for the protection, preservation, and 
propagation of all food fishes, and oysters and shell fishes, 
in the waters and streams of this state are enforced. 



[17] 

Section 39. Said fish warden shall annually, on Decem- 
ber 1, report to the Board of Fish Commissioners of this 
state a full account of his actions, also of the operations and 
results of the law pertaining to fish and shell fish industries, 
the methods of taking fish, the number of young fish hatched 
and where distributed, amount oi expense incurred ; and 
make suggestions as to the needs to further legislation, if 
any, and full statistics of the fishing and shell fish industries, 
and amount of all money received and disbursed. 

Section 40. The fish warden or his deputies shall have 
authority to arrest without writ, rule, order, or process any 
person or persons detected by him or them in the act of com- 
mitting a crime in violation of the fish laws of this state ; 
and they are hereby made peace officers of this state for that 
purpose, and shall have authority to execute all criminal 
process issued for the arrest or detention of any person com- 
plained against for the violation of any of the fish laws of 
this state. Any person who knowingly or willfully resists or 
opposes such officer in discharge of his said duties shall be 
deemed guilty of a misdemeanor, and upon conviction thereof, 
shall be punished as in this act hereinafter provided. 

Section 41. The fish warden is hereby authorized to in- 
spect all canneries, cold storage houses, boats, nets, wheels, 
traps and other fishing apparatus, and all property used in 
the catching and packing of fish, for the purpose of enforcing 
the provisions of this act, and to that end said fish warden is 
authorized to enter into said property and make inspection 
thereof. 

Section 42. The Board of Fish Commissioners shall have 
the authority to apply to the Attorney-General for his official 
opinion upon any question touching the construction and in- 
terpretation of the statutes and duty of the Board of Fish 
Commissioners wherein they shall need legal advice. And it 
shall be the duty of the prosecuting attorneys of the several 
districts to prosecute in their respective districts, on informa- 
tion and complaint of such Board of Fish Commissioners, fish 
warden or any of his deputies, any person violating any of 
the provisions of this act. 

Section 43. The salaries of the fish wardens, and the 
necessary expenses incurred by them in the performance of 
their duties, and all the expenses incurred under the provi- 
sions of this act, shall be audited by the Board of Fish Com- 
missioners, upon bills being presented properly certified by 
2 



[18] 

the fish wardens ; and the Secretary of State shall, upon the 
approval of such bills, draw his warrant upon the State Treas- 
urer in payment of the same from the general fund. 

Section 44. Said Board of Fish Commissioners shall re- 
ceive no compensation for their services as such board, but 
shall be allowed necessary actual traveling expenses. All 
accounts for expenditures incurred or made pursuant to the 
provisions of this section shall be audited and approved by 
said commission before presentation to the Secretary of State. 

Section 45. The Board of Fish Commissioners is author- 
ized by this act to propagate and stock the various waters and 
streams of this state with salmon, sturgeon, trout or other 
food fishes, not inimical to or destructive of salmon ; and for 
the purpose of protecting the same they are hereby authorized 
to close any stream or any designated portion thereof in this 
state frequented by salmon, or any stream which they have 
stocked, and prevent any person taking or fishing for or 
catching any salmon or food fishes therein. Should the Board 
of Fish Commissioners desire to close any stream or desig- 
nated portion thereof frequented by salmon, or any stream or 
designated portion thereof which they have stocked with food 
fish, they shall cause notice thereof to be filed in the office of 
the county clerk in each county in which such stream or 
designated portion thereof lies, and shall publish such notice 
in some public newspaper published at the county seat in 
such county or counties for four successive weeks. Such 
notice shall designate as nearly as practicable the streams or 
designated portion thereof to be closed, and shall state that 
on and after a date therein stated it will be unlawful to fish 
for or take or catch any salmon or other food fishes therein 
(which date shall not be less than thirty days from the date 
of the first publication) , and shall cause like notices to be 
published for such time in three conspicuous places on the 
banks of such streams or designated portion thereof. Upon 
the completion of the publication of such notice, the same, 
with proof of the publication and posting thereof, shall be 
filed with the original notice in the office of the county clerk, 
and it shall be unlawful at any time after the expiration of 
the date specified in said notice for any person to fish for, 
catch or take any salmon, or any food fishes stocked therein, 
until notice shall be filed and likewise published by the Board 
of Fish Commissioners of the opening of such stream or 
designated portion thereof to the public for fishing. 



[19 J 

Section 46. It shall be unlawful for any person, without 
written authority from the Board of Fish Commissioners, to 
place in any water of this state any species or variety of fish 
whatever. 

Section 48. Justices of the peace shall have concurrent 
jurisdiction with the circuit courts of this state of all offenses 
mentioned in this act. 

Section 49. Nothing in this act shall be construed so as 
to prevent the taking of salmon at any time of the year by 
the Board of Fish Commissioners, or accredited officers of the 
United States government, for propagation. 

Section 50. Any and all gear and appliances used in vio- 
lation of the provisions of this act, including boats, traps, 
nets, weirs, fish wheels or other appliances, shall be subject 
to execution for the payment of fines and costs herein pro- 
vided for. 

Section 51. That all fish traps, pound nets, gill nets, set 
nets, fish wheels, fishing boats and vessels used in fishing, 
and apparatus, and any and all appliances or devices which 
shall be used or employed by any person or persons or corpo- 
rations, including all such fishing appliances fished or ope- 
rated by any person who has not obtained a license, or a 
license to operate such appliance, in fishing for or catching 
salmon fish at or during any of the waters in this act pro- 
hibited, and which by this act is made unlawful, whether being 
operated by any person or left in a condition to take fish, or 
abandoned but left in condition to take fish, shall be seized 
and be confiscated, condemned and sold, and the proceeds of 
such sale shall be paid to the State Treasurer, and by him de- 
posited in the hatchery fund for the district in which such 
appliance is seized. And it is hereby make the duty of the 
fish warden to seize and take into his possession all such fish- 
ing appliances hereinbefore mentioned, which shall be ope- 
rated wrongfully or unlawfully by any person, or left by any 
person in a condition to take fish, or abandoned by any person 
but left in a condition to take fish, shall be seized and be con- 
fiscated, condemned and sold, and the proceeds of such sale 
shall be paid to the State Treasurer and by him deposited in 
the hatchery fund for the district in which such appliance is 
seized. And it is hereby made the duty of the fish warden to 
seize and take into his possession all such fishing appliances 
hereinbefore mentioned, which shall be operated wrongfully 
or unlawfully by any person, or left by any person in a con- 
dition to take fish, or abandoned by any person but left in a 



[ 20 | 

condition to take fish, at or during any time or in any of the 
waters in this act prohibited, and which is made unlawful by 
this act ; and immediately upon such seizure the prosecuting 
attorney for the district in which such appliance is seized shall 
institute an action in the circuit court for that county to have 
such appliance confiscated, condemned and sold ; such peti- 
tion shall contain a true description of the appliance sought 
to be confiscated, condemned and sold, as nearly as practi- 
cable, together with all marks, brands or any special features 
thereof, calculated to designate same from other appliances 
of like nature, and, if a fixed appliance, the number; and 
shall allege facts showing that the same was used in violation 
of the provisions of this act. The petition shall be duly veri- 
fied by the oath of the fish warden or one of the deputies, and 
in such action the State of Oregon shall be plaintiff, and the 
owner of such appliance, if known, shall be the defendant, 
and if unknown then such unknown owner shall be desig- 
nated as "John Doe," whose true name is unknown; and 
such like proceedings shall be had and such action shall be 
prosecuted to final determination as in actions at law, except- 
ing that the summons shall be issued by the clerk of the court, 
and shall require the defendant, if known, to appear and 
answer within fifteen days after the service of such summons 
upon him, and if he fails so to appear and answer, judgment 
of confiscation shall be entered as prayed for in the petition. 
Such summons shall contain a brief description of the ap- 
pliance sought to be confiscated ; and if such defendant shall 
be unknown or cannot be found, the summons shall require 
such unknown owners to appear within four weeks after the 
first publication thereof as hereinafter provided ; such sum- 
mons shall be served upon the defendant, if known, person- 
ally in any county in the state ; and if unknown and cannot 
be found, the summons shall be published for four weeks in 
some newspaper published in the county where the action is 
instituted. All persons owning or claiming any interest in 
such fishing appliance will be permitted to answer, setting 
forth their various interests, but it will be no defense to a 
judgment of confiscation that the owner or mortgagee or lienor 
of such appliance did not consent to have the same unlawfully 
operated. Upon the trial of said cause the matter to be de- 
termined shall be whether or not the appliance seized was 
unlawfully employed, or suffered or permitted to be unlaw- 
fully employed, in violation of the provisions of this act, or 
used or operated without a license or by one not licensed; 



[21] 

arid if judgment shall be entered that the same was used or 
employed, or suffered or permitted to be used or employed, 
in violation of any of the provisions of this act, a judgment 
shall be. rendered confiscating such appliance and ordering 
the same to be sold at public auction to the highest bidder for 
cash, and execution shall issue upon such judgment as in an 
ordinary action at law, and like proceedings shall be had 
under such execution as now provided by law. The money 
arising from the sale of such appliance shall be immediately 
deposited with the State Treasurer, and by him deposited in 
the hatchery fund for the district in which such appliance was 
seized. No fees shall be charged or collected from the Board 
of Fish Commissioners at the institution or during the prosecu- 
tion of such action, and no judgment will be awarded against 
them or the State of Oregon for costs and disbursements. 
Should the Board of Fish Commissioners deem themselves 
aggrieved by the ruling or decision of the court at any time 
after the institution of said action, the right of appeal is 
hereby given the State of Oregon, to be prosecuted in the 
same manner as appeals in ordinary civil actions, excepting 
that no fee shall be charged the state and no bond shall be 
required on appeal. 

Section 52. The term "person" or "persons" used in this 
act shall be deemed to include partnerships and corporations. 

Section 53. Any person or persons violating any of the 
provisions of this act shall be guilty of a misdemeanor, and 
upon conviction thereof shall be punished by a fine of not less 
than $50 and not more than $1,000, and costs of the action, 
or by imprisonment in the county jail not less than twenty- 
five days nor more than one year, or by both such fine and 
imprisonment; fprovidedl, in case of fine only, that he be 
imprisoned in the county jail until such fine and costs of ac- 
tion be paid, and he shall be credited on such fine and costs 
the sum of $2.00 for each day imprisoned. 

Section 54. Inasmuch as it is of great importance to the 
commercial interests of the state that the salmon of its rivers 
and waters should be fully protected, an emergency is hereby 
declared to exist, and this act shall be in full force and effect 
from and after its approval by the Governor. 

Filed in the office of Secretary of State February 28, 1901. 



L 22 j 



AN ACT [H. B. 179] 

To amend an act approved February 17, 1899, and entitled an act as to the 
times of catching salmon in Alsea River, bays and tributaries; and to 
prohibit the building or use and operation of any salmon fish traps or 
fish wheels on the Alsea Bay, river or tributaries ; and to provide penal- 
ties for the violation of the same. 

Be it enacted by the Legislative Assembly of the State of Oregon: 

Section 1. That section 1 of an act approved February 17, 
1899, and entitled "An Act as to the times of catching salmon 
in the Alsea River, bays and tributaries," be and the same is 
amended so as to read as follows : 

[§ 1.] That it shall be unlawful for any person or per- 
sons to take or fish for salmon in the waters of the Alsea 
River, bays and tributaries from the first day of July until 
the twentieth day of August, or from the twentieth day of 
November until the twentieth day of December of each year. 

Section 2. It shall be unlawful for any person, association 
or corporation to build, construct or operate any fish trap or 
fish wheel or any mechanical contrivance for the purpose of 
catching salmon in any of the waters of the Alsea Bay, river 
or its tributaries. 

Section 3. Any person, association or corporation violat- 
ing any of the provisions of this act shall be guilty of a mis- 
demeanor, and upon conviction thereof shall be fined in a sum 
not less than $50 nor more than $500. 

Approved February 25, 1901. 



AN ACT [S. B. 107] 

To protect salmon, salmon trout, mountain and brook trout, in the Rogue 
River and its tributaries, and to repeal all acts and parts of acts in con- 
flict herewith. 

Be it enacted by the Legislative Assembly of the State of Oregon: 

Section 1. It shall be unlawful for any person or persons 
to take or fish for salmon, salmon trout, mountain or brook 
trout in Rogue River above where the Illinois River flows 
into the Rogue River, with any appliance whatever, "except- 
ing hook and line or gig. 

Section 2. Any person or persons violating the provisions 
of this act shall, upon conviction thereof, be punished by a 



[23] 

fine of not less than $25 nor more than $200, or by imprison- 
ment in the county jail not less than ten days nor more than 
six months. Justices of the peace shall have concurrent 
jurisdiction with the circuit court in enforcing this act. 

Section 3. Inasmuch as the law does not provide suffi- 
cient protection for salmon in Rogue River, this act shall be 
in force from and after its approval by the Governor. 

Approved February 17, 1899. 



AN ACT [S. B. 171] 

For the better protection of salmon fisheries of Curry County. 
Be it enacted by the Legislative Assembly of the State of Oregon : 

Section 1. It shall be lawful to fish for and take or catch 
salmon fish in the waters of Sixes, Elk, Pistol, Chetco and 
Windchuck rivers, or any of their tributaries or bays, or in 
any other stream of Curry County, Oregon, except Rogue 
River, from September 1 to November 20, inclusive, in each 
year ; and in Rogue River and its tributaries and bays to the 
east of the confluence with the Illinois River, and inclusive 
of the Illinois River and its tributaries, it shall be lawful to 
fish for and catch or take salmon fish from January 1 to July 
31, inclusive, in each year ; and in Rogue River and its 
tributaries and bays west of its confluence with the Illinois 
River it shall be lawful to fish for and catch or take salmon 
fish from April 10 to August 10, inclusive, and from Septem- 
ber 1 to November 10, inclusive, in each year. 

[Note. — The close season as defined in this section is 
changed by the act of February 28, 1901, but the section is 
allowed to remain, as it contains other matter referred to in 
the next section. — Secretary of State.] 

Section 2. The owner or owners of tide lands, and 
riparian owners above tidewater, on each of said rivers, as 
appurtenances thereto, shall have the exclusive right and 
privilege of fishing for salmon fish with seines and nets, and 
hauling and landing seines and nets on said lands, and no 
person or persons shall anchor said nets, or put or place any 
obstruction or obstructions whatever in the water fronting said 
tide lands in any place or places where said tide lands are 
used for hauling or landing seines. 

Section 3. It shall be unlawful for any person or persons 
or corporation to violate any of the provisions of this act, or 



L 24 j 

to fish for or catch or take salmon fish in any of said rivers, 
except during the seasons and in the manner herein provided, 
and any person or persons or corporation violating any of 
the provisions of this act shall be guilty of a misdemeanor, 
and, upon conviction thereof, shall be punished by a fine of 
not less than $50 nor more than $500, and costs of the 
action, or by imprisonment in the county jail not less than 
twenty-five days or more than six months, or both such fine 
and imprisonment, in the discretion of the court ; in case of 
fine only, that he be imprisoned in the county jail until such 
fine and costs of action be paid, and he shall be credited on 
such fine and costs the sum of $2.00 for each day imprisoned. 

Section 4. That all laws and parts of laws in conflict 
with any of the provisions of this act be and the same are 
hereby repealed. 

Approved February 17, 1899. 



AN ACT [ h. B. 27 ] 

To protect fish in Wallowa County, Oregon. 
Be it enacted by the Legislative Assembly of the State of Oregon: 

Section 1. It shall be unlawful to catch or take from any 
of the waters of Wallowa County, Oregon, at any season of 
the year, in any other manner or by any other means than 
with gigs, spears, grabhooks or hooks and lines only. 

Section 2. It shall be unlawful to catch or take from the 
lake commonly known as Wallowa Lake, in Wallowa County, 
Oregon, or from any waters tributary thereto, at any season 
of the year, any kind of fish in any other manner or by any 
other means than with baited hook and line only. 

Section 3. Any person or persons violating any of the 
provisions of this act shall be deemed guilty of a misdemeanor, 
and, upon conviction thereof, shall be punished by a fine of 
not less than $10 nor more than $50, or by imprisonment in 
the county jail for not less than ten days nor more than twenty- 
five days, or by both such fine and imprisonment ; provided, 
that any person or persons violating any of the provisions of 
this act by maintaining, operating or using any trap, fish 
wheel, net or seine in any of the waters mentioned in this act, 
shall, upon conviction thereof, be punished by a fine of not 
less than $25 nor more than $100, or by imprisonment in the 



[25] 

county jail not less than twenty-five days nor more than sixty 
days, or by both such fine and imprisonment. 

Section 4. Justices of the peace shall have concurrent 
jurisdiction to try all offenses under this act. 

When any judgment of conviction shall be rendered under 
this act, and the defendant shall be adjudged to pay a fine, 
the judgment shall also direct the defendant to be imprisoned 
in the county jail until such fine be paid, for the period of 
one day for each dollar of such fine remaining unpaid. 

Section 6. All money received for fines under this act 
shall be paid into the county treasury for the benefit of the 
county school fund. 

Approved Feb 25, 1895. 

CHill's Code, p. 971.) 

§ 1945. Any person or persons who shall take, catch, 
kill, molest, injure or destroy fish on any fish ladder, fish way 
or other structure or superstructure for the passage of fish, or 
shall, with any seine or nets, fish traps or other device ob- 
struct the free passage of fish in the channel of the approaches 
to said fish ladder or way, or other structure or superstruc- 
ture, for a distance of six hundred feet from the approach of 
said ladder or way, or within two hundred and fifty feet from 
the upper portion of said fish ladder or way, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall 
be fined not less than $5.00 nor more than $100 for each 
offense ; and each additional fish after the first fish so taken, 
caught, killed, molested, injured or destroyed shall constitute 
and be deemed a new and separate offense within the pro- 
visions of this act. A justice of the peace shall have juris- 
diction to try all violations of this. act. 

§ 1946. It shall be unlawful hereafter for any person or 
corporation to deposit or cause to be deposited in the Wallowa 
Lake, Union County, Oregon, or any of its tributaries, or in 
the Wallowa River, any fish offal or other offal from any fish 
stand or other source . 

§ 1947. Any person violating the provisions of this act 
shall be deemed guilty of a misdemeanor, and upon convic- 
tion thereof shall be punished for each and every offense by 
a fine of not less than $10 nor more than $50, or by imprison- 
ment in the county jail not less than ten nor more than thirty 
days ; to be prosecuted before any court of competent juris- 
diction. 



[26] 



AN ACT [H. b. 13] 

To protect sturgeon and to regulate the time and manner of fishing for 
sturgeon in the waters of the Columbia River, and declaring an emer- 
gency. 

Be it enacted by the Legislative Assembly of the State of Oregon: 

Section 1. Hereafter it shall not be lawful for any person 
or persons to take, capture, kill, or have in their possession 
after the same has been taken, captured or killed, any sturgeon, 
between the first day of March and the first day of Novem- 
ber in each and every year, under a penalty of $20 for each 
and every sturgeon so taken, captured, killed or had unlaw- 
fully. 

Section 2. It shall not be lawful at any time to take or 
kill any young sturgeon under four feet in length, or fish for 
the same by any device or appliance whatever in the tide 
waters of the Columbia River ; and any person or persons 
fishing with gill nets, fish wheels or other fishing apparatus 
whatever in the tidewaters of the Columbia River, who, on 
lifting, drawing, taking up or removing any of said nets, or 
other fishing apparatus, shall find young sturgeon under four 
feet in length entangled or caught therein, shall immediately, 
with care and the least possible injury to the fish, disentangle 
and let loose the same and transmit the fish to the water with- 
out violence. Any person or persons violating any of the pro- 
visions of this section, or having in their possession young 
sturgeon under four feet in length, either for consumption or 
sale, or who is known to willfully destroy the same, for so 
offending shall, on conviction thereof, be punished with a fine 
of $10 for each and every fish so caught, sold or destroyed. 

Section 3. It shall be unlawful to cast, extend, set, use or 
continue or assist in casting, extending or using any Chinese 
sturgeon lines or lines of a similar character in the tidewaters 
of the Columbia River. The fish commissioner and any of 
his deputies are hereby authorized to seize and destroy any 
such lines found in said waters, and they are hereby author- 
ized to arrest forthwith any person or persons detected in set- 
ting or using any Chinese sturgeon line or lines of similar 
character in the tidewaters of the Columbia River. Any 
person violating any of the provisions of this section shall be 
fined in a sum not less than $25 and not more than $100. 



[27] 

Section 4. Inasmuch as there is urgent need for protec- 
tion of sturgeon as provided by this act, the same shall take 
effect and be in force from and after its approval by the Gov- 
ernor. 

Approved February 18, 1899. 



AN ACT [ h. b. 217 ] 

To protect oysters, lobsters, and other food fishes and animals introduced 
into Oregon by the United States government, and placed in charge of 
the State Biologist ; and to provide penalties for the violation of this 
act ; to appropriate money for the expenses, of the State Biologist, and 
declaring an emergency. 

Be it enacted by the Legislative Assembly of the State of Oregon: 

Section 1. It shall be unlawful for a period of four years 
from the date of the passage of this act, to buy, sell or take, 
or have in possession any Eastern oysters, Eastern lobsters 
or any other food fish or animal which may be sent into the 
State of Oregon, or which has been heretofore sent into the 
state for the purpose of introduction or propagation by the 
United States government under charge of the State Biolo- 
gist ; provided, that this section shall not apply to the taking 
or having in possession of any such fish or animal by said 
biologist. 

Section 2. Any person who shall violate any of the pro- 
visions of section 1 of this act shall, upon conviction, be fined 
not less than $10 nor more than $50, or be imprisoned not 
less than five nor more than twenty-five days in the county 
jail. And it shall be the duty of the State Fish Commis- 
sioner, as well as peace officers, to make arrests and institute 
prosecutions for the violation of this act ; and one-half of 
each fine collected shall be paid to the informer. 

Section 3. There is hereby appropriated from any funds 
of the state, not otherwise appropriated, the sum of one thou- 
sand dollars ($1,000), or so much thereof as may be neces- 
sary, for the expense of the State Biologist of the State of 
Oregon incurred in the work of planting and propagating 
Eastern oysters, Eastern lobsters and other food fishes and 
animals introduced into the State of Oregon by the United 
States government, under the charge of said biologist, and in 
the study of the spawning habit of crabs, crawfish and other 
food fishes and animals with a view to protective legislation, 
and in the listing and describing of the birds of the state, and 



L 28 ] 

in the scientific study of the state's food fishes, and in the 
biological examination of water supplies. The funds herein 
appropriated shall be paid out upon the warrant of the Sec- 
retary of State, at the written request of the State Biologist. 

Section 4. Inasmuch as there is urgent need for the pro- 
tection of the fishes and animals hereinbefore referred to, an 
emergency is hereby declared to exist, and this act shall be in 
full force and effect from and after its passage. 

Approved February 25, 1901. 



AN" ACT [H. B. 177] 

To define the location of natural oyster beds in Netarts Bay, in Tillamook 
County, Oregon, and to designate and set apart a portion of said bay for 
the artificial plantation of oysters, and regulating- the same. 

Be it enacted by the Legislative Assembly of the State of Oregon: 

That that portion of Netarts Bay in Tillamook County, 
Oregon, lying south of the quarter-section line running east 
and west through the center of section 19 in township 2 south 
of range 10 west of the Willamette Meridian, is hereby desig- 
nated as natural oyster beds ; and that portion of said bay 
lying north of said quarter-section line is hereby designated 
and set apart for artificial plantation of oysters ; and the sizes 
of such artificial plantations shall be as fixed by the local regu- 
lations of any oystermen's association now existing or here- 
after to be formed on said bay, not exceeding two acres in any 
one plantation, and every person holding a claim for the culti- 
vation of oysters on said bay shall in all respects comply with 
the local regulations applicable thereto ; provided however, that 
no person, firm, corporation or association shall be entitled to 
locate more than one such claim . 

Approved February 25, 1901. 



AN ACT [H. B. 1101 

To protect the salmon industry of the state and provide funds for the propa- 
gation thereof, and establish and build hatcheries. 

Be it enacted by the Legislative Assembly of the State of Oregon: 

Section 1. That there be and is hereby appropriated out 
of any funds of the treasury of the State of Oregon not other- 
wise appropriated the sum of $15,000, or so much thereof as 



[29] 

may be necessary, said sum of money so appropriated to be 
used exclusively for the erection and construction of suitable 
hatcheries for the propagation of salmon to be expended under 
the direction of the Board of Fish Commissioners, said hatch- 
eries to be constructed in the different sections of the State of 
Oregon suitable for propagation. 

Section 2. Xo part of said sum shall be used or expended 
for any purpose whatever other than in building and equipping 
hatcheries, and two of such hatcheries shall be located on the 
Columbia River or tributaries thereof, and two on some other 
suitable rivers in Oregon. Vouchers shall be filed with the 
Secretary of State for all expenditures, showing the purpose 
for which every sum of the amount herein appropriated has 
been expended. 

Section 3. Inasmuch as there is urgent need for establish- 
ment of hatcheries for the propagation of salmon, an emer- 
gency exists, and this act shall be in force on and after its 
approval by the Governor. 

Approved February 17, 1899. 

AK ACT [S. B. 174] 

To provide for the manner of the expenditure of the unexpended balance 
remaining in the fund appropriated by the act entitled "An Act to pro- 
tect the salmon industry in the state, and to provide funds for the prop- 
agation thereof, and establish and build hatcheries," approved Febru- 
ary IT, 1899. 

Be it enacted by the Legislative Assembly of the State of Oregon: 

Section 1. That the sum of $7,000 out of the balance of 
$10,844.82 now remaining in the fund appropriated for the 
erection and construction of suitable hatcheries for the prop- 
agation of salmon, by the act entitled "An Act to protect the 
salmon industry of the state and provide funds for the propa- 
gation thereof and establish and build hatcheries," approved 
February 17, 1899, shall be, and is hereby set apart for the 
purpose of constructing and erecting suitable hatcheries on 
streams flowing to the Pacific Coast south of the Columbia 
River, to be expended under the direction of the Board of 
Fish Commissioners, said hatcheries to be constructed in 
localities suitable for such propagation ; and the balance of 
such appropriation shall be employed in constructing and 
operating hatcheries on the Columbia River and tributaries. 

Section 2. As there is urgent need for the immediate 
use of the surplus moneys herein referred to for the purpose 



[30] 

above mentioned, an emergency is hereby declared to exist, 
and this act shall take effect from and after its approval by 
the Governor. 

Approved February 27, 1901. 

AN ACT [ H. B. 4 ] 

To authorize and provide for the construction of a fish way over the falls 
of the Willamette River at Oregon City, and to appropriate money 
therefor. 

Be it enacted by the Legislative Assembly of the State of Oregon: 

Section 1. That there be and hereby is appropriated out 
of any moneys in the state treasury not otherwise appro- 
priated, the sum of ten thousand dollars ($10,000), or so much 
thereof as shall be necessary, to construct a fishway over the 
falls of the Willamette River at Oregon City. 

Section 2. Said fishway shall be constructed in the bed 
of the river, on the west side of the main fall, by making 
excavations in the solid rock when the water is low, so that 
the slope will be more gradual, and when the water is higher 
the excavations will form a series of pools connecting with 
each other, all constructed and in such a manner that salmon 
can freely ascend from below to above the falls by passing 
from pool to pool. 

Section 3. The plans, location and construction of said 
fishway shall be under the control and direction of a board 
consisting of the Governor, Secretary of State and State 
Treasurer, who are hereby authorized to purchase tools and 
supplies and employ a superintendent and workmen, and to 
construct the same. Said construction shall begin as soon as 
practicable after the approval of this act. 

Section 4. Said board shall receive all its expenses in- 
curred under the provisions of this act, which shall be paid in 
the following manner, to wit : The bills shall be approved by 
said board, and then presented to the Secretary of State, who 
shall draw warrants upon the State Treasurer for the amounts. 

Section 5. Said board, in its discretion, may advertise 
for plans and bids for the construction of said fishway. All 
bids shall be to construct a fishway at said point, and to keep 
the same in good order for the period of two years, payment 
to be made when the fishway is completed according to the 
plans and specifications adopted and to the satisfaction of said 
board. Each bid shall be accompanied by a bond, with two 
or more sureties, to be approved by said board, in the penal 



[31 J 

sum of ten thousand dollars ($10,000) that said bidders will 
perform said contract. 

Section 6. In order to construct said fish way said board, 
its employees, contractors and agents are hereby authorized 
to remove all obstructions, whether natural or artificial, to 
the construction of said fish way or the passage of fish over 
said falls. 

Section 7. After said fishway is constructed it shall be 
under the care of said board, which shall make any exten- 
sion additions, alterations or repairs to the same that shall 
become necessary. 

Section 8. It shall be unlawful for any one to hinder, 
annoy or disturb the fish entering, passing through or leav- 
ing said fishway, or to obstruct the passage of fish through 
the same at any time or in any manner, or for any one to 
place anything in said fishway or use any device for catching 
fish, or any wheel, or net, or hooks, or lines in said fishway 
or anywhere within fifty feet thereof, or to catch fish at any 
time anywhere within fifty feet of said fishway, or any one to 
do any injury to said fishway. 

Section 9. Any person violating any of the provisions of 
this acts hall be guilty of a misdemeanor, and upon conviction 
shall be punished by a fine of not less than $20 nor more than 
$200, or by imprisonment in the county jail not less than ten 
days nor more than one hundred days, or both, in the discre- 
tion of the court. 

Section 10. Justices of the peace shall have concurrent 
jurisdiction in the first instance with the circuit courts of all 
offenses under this act. 

Section 11. The board provided for in section 3 shall 
have authority to remove any artificial obstructions placed in 
in the river above the falls which would prevent the free pas- 
sage of fish up the river. 

Filed in the office of Secretary of State February 20, 1893. 

FISHERY BOUNTY FUND. 

The twenty-first legislative assembly (1901) passed an act providing' for 
the payment of a bounty for the killing - of the common seal (phoca Vitulina), 
sea lion, shelldrake, shag, and cormorant, out of the moneys collected by 
the Fish Commissioner of the State of Oregon for licenses and fines, and 
appropriating annually out of such moneys not to exceed the sum of $5,000 
for the purpose of paying such bounties. This act was approved February 
27, 1901, but it being the opinion of the Hon. Attorney-General that there 
is no authority for the enforcement of any rights which might be claimed 
against the State of Oregon under and by virtue of said act, for the killing 
of any of the animals or fowls mentioned therein, the act is not included in 
this compilation of the Fish Laws. 



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